LHC dismisses petition challenging hiring of NAB’s Lahore DG

LHC dismisses petition challenging hiring of NAB’s Lahore DG

Staff Reporter
December 29, 2021

LHC dismisses petition challenging hiring of NAB’s Lahore DG

LAHORE: The Lahore High Court (LHC) on Wednesday dismissed a petition challenging the appointment of the Lahore region Director-General (DG) National Accountability Bureau (NAB) on being non-maintainable.

A citizen, Ayub Khawar, had filed a petition against the appointment of NAB Lahore region DG Jamil Ahmed, a retired federal secretary hired on a one-year contract.

In the short order, Justice Ayesha A Malik ruled that apparently, it looked like an issue of transfer and posting as former DG Lahore Shehzad Saleem had been transferred to Rawalpindi and replaced by Jamil Ahmed, a former federal secretary (BS-22). Hence, the court could not interfere in a policy matter unless it had been done in blatant violation of the law.

The petitioner had contended that Ahmed was inducted into the bureau in BS-21 about a month ago after the relaxation of rules.

He asserted that the government had violated the directives of the Supreme Court (SC) of Pakistan by relaxing the rules in favour of the officer.

Referring to Section 28 of the National Accountability Ordinance (NAO) 1999, the petitioner stated that it empowered the NAB chairman to make appointments “for the efficient performance of the functions of the Bureau.”

According to the petitioner, the position of DG, in any NAB region, empowered him to supervise all the investigations and the rules prescribed the method of making such appointments.

He referred that during the hearing of a suo motu case in 2017, the apex court had directed the Federal Public Service Commission (FPSC) to initiate the process for filling vacancies in the NAB.

The petitioner alleged that the NAB chairman had appointed Ahmed as DG (BS-21) ‘in connivance with the secretary to the prime minister.’

Referring to the summary for the prime minister, the petitioner contended that it “tells a sordid story as to how the impugned appointment is made in relaxation of relevant rules…how a handpicked person is appointed on such an important post without any fair and transparent manner.”

“He took charge on the same day in Lahore as if he might already have been there waiting to take charge. Appointment of a contractual employee in the most sensitive and active region of NAB in such haste smacks mala fides,” the petition went on to state.

The petitioner pleaded that the appointment was against the principle of hierarchy and discipline as a retired BS-22 officer was posted to a BS-21 position. He urged the court to declare Ahmed’s appointment as DG NAB null and void.